DOCTRINE OF STARE DECISIS STAND TO A DECISION

Following a precedent

Decide in certain way because similar question or issue has been decided

before

Like cases should be treated alike

How does the binding precedent operate?

According to Court hierarchy

Operates Vertically Downwards

o A precedent comes from a Court superior in the hierarchy to the Court in which the present case is being tried binds the inferior court.

o Definition: Decision of the higher courts binds lower court

Operates Horizontally

o A superior court is bound by its own previous decisions and the decisions of courts of co-ordinate jurisdiction.

o Definition: Some courts are bound by their previous decision

Detailed explanation

The decisions of the Federal Court bind all courts.

The Court of Appeal is bound by the decisions of the Federal Court and its

decisions bind High Courts and the subordinate courts.

The High Courts are bound by the decisions of the Federal Court and the Court

of Appeal and their decisions bind the subordinate courts.

One High Court judge is not bound by a decision of another High Court judge.

The decisions of the subordinate courts are not binding.